Statutory Instrument 1993 No. 179

The Air Navigation (Dangerous Goods) (Fourth Amendment) Regulations 1992

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© Crown Copyright 1993

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1993 No. 179

CIVIL AVIATION

The Air Navigation (Dangerous Goods) (Fourth Amendment) Regulations 1992

The Secretary of State for Transport, in exercise of his powers under articles 47(1) and 106(5) of the Air Navigation Order 1989^[1] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Air Navigation (Dangerous Goods) (Fourth Amendment) Regulations 1992 and shall come into force on 1st January 1993.

Amendment of the Air Navigation (Dangerous Goods) Regulations 1985
    2.    The Air Navigation (Dangerous Goods) Regulations 1985^[2] shall be amended as follows-

    (1)  In regulation 3(1), in the definition of "Technical Instructions" for "1991-1992" there shall be substituted "1993-1994".

    (2)  In regulation 4(2), for the words "unless the provisions of these Regulations are complied with" there shall be substituted the words "unless the Technical Instructions have been complied with and the package of those goods is in a fit condition for carriage by air."

    (3)  In regulation 5(2A), the figure "5" immediately before "(2A)" shall be omitted.

    (4)  In regulation 5(2A), for the word "Chapter" there shall be substituted the word "Chapters 4.3 and".

    (5)  In regulations 6, 7(4) and (5)(b) and 8(1), for the words "package containing dangerous goods" there shall be substituted the words "package of dangerous goods".

    (6)  In regulation 7(1) and (3), immediately after the words "any package" there shall be inserted the words "of dangerous goods".

    (7)  In regulation 7(2), immediately before the words "The operator of an aircraft" there shall be inserted the subparagraph letter "(c)".

    (8)  After regulation 10(d), there shall be added the following-
"(e) any document which relates to goods which the authorised person has reasonable grounds to suspect may be dangerous goods in respect of which the provisions of these Regulations have not been complied with.


Powers in relation to enforcement of the Regulations
    10A.—(1)  An authorised person may examine, take samples of and seize any goods which the authorised person has reasonable grounds to suspect may be dangerous goods in respect of which the provisions of these Regulations have not been complied with.

    (2)  An authorised person may open or require to be opened any baggage or package which the authorised person has reasonable grounds to suspect may contain dangerous goods in respect of which the provisions of these Regulations have not been complied with.

    (3)  
(a) Any sample taken or goods seized by an authorised person under this regulation shall be retained or detained respectively for so long as the Authority considers necessary in all the circumstances and shall be disposed of in such manner as the Authority considers appropriate in all the circumstances.

(b) Without prejudice to the generality of sub paragraph (a) above, any sample taken or goods seized under this regulation may be retained or detained respectively:
(i) for use as evidence at a trial for an offence; or

(ii) for forensic examination or for investigation in connection with an offence.

Signed by authority of the Secretary of State for Transport

Caithness

Minister of State, Department of Transport

15th December 1992

These Regulations amend the Air Navigation (Dangerous Goods) Regulations 1985. Apart from some minor drafting amendments the principal changes are as follows:
    (1)  The definition of "Technical Instructions" now refers to the 1993-1994 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air approved and published by decision of the Council of the International Civil Aviation Organisation (regulation 2(1)).

    (2)  A person who causes dangerous goods to be carried by air is required to comply specifically with the Technical Instructions and to ensure that the package is in a fit condition for carriage by air when he knows or ought to know or suspect that he is dealing with goods which are capable of posing a significant risk to health, safety or property when carried by air (regulation 2(2)).

    (3)  A shipper of dangerous goods must furnish the operator of the aircraft with a copy of the documents of approval referred to in Chapter 4.3 of Part 4 of the Technical Instructions, in addition to other documents referred to in Chapter 4.5 of Part 4 of those Instructions (regulation 2(4)).

    (4)  An operator must within a reasonable time after being requested to do so by an authorised person produce any documents which relate to dangerous goods in respect of which an authorised person has reasonable grounds to suspect do not comply with the Regulations (regulation 2(8)).

    (5)  An authorised person has power to examine, seize, retain or detain, and dispose of any goods, baggage, package or sample taken from any goods, baggage or package which he has reasonable grounds to suspect may contain dangerous goods which do not comply with the provisions of the Regulations (regulation 2(8)).

The 1993-94 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air can be purchased from either-

Freight Merchandising Services

c/o Vidap Freight Services Ltd

Green Lane

Hounslow

Middlesex

TW4 6DD

or

IAL - International Aeradio Plc

Aeradio House

Hayes Road

Southall

Middlesex UB2 5NJ

[1] S.I. 1989/2004; the relevant amending instrument is S.I. 1991/1726. back

[2] S.I. 1985/1939, amended by S.I. 1986/2129, 1988/2133, 1990/2531. back